Category Latin America/Caribbean

The Patent Paradox In Brazil And Its Implications For Access To Medicines

Brazil is frequently pointed to as one of the countries in which fewer pharmaceutical patents are granted. The fact that there is a low number of patents granted could lead to the conclusion that medicines can be bought under competition and that the prices would be low. However, many medicines in Brazil are bought exclusively from one producer and usually at high prices. The situation of few granted patents, but many purchases under exclusivity due to absence of competition (which can lead to higher prices), is what we are calling the ‘patent paradox in Brazil’. In the absence of granted patents, what are the factors that lead to the situation of no competition and high prices in Brazil? This is the question that we, at the accessibsa: Innovation & Access to Medicines in India, Brazil & South Africa, aim to answer with a study currently being conducted at the Department of Medicines Policy and Pharmaceutical Services (NAF) of the Sergio Arouca National School of Public Health – ENSP/Fiocruz.

Groups Target EU-Mercosur FTA To Advance Access To Health In Trade Deals

AIDS activists, health activists and civil society organizations in Brazil and Argentina are pushing back against the negative effects of the planned free trade agreement between the Mercosur countries and the European Union. The EU-Mercosur negotiations might be the best chance as of now to advance an intellectual property agenda that is more favourable to access to health, says Pedro Villardi, coordinator on IP policy issues at the Associação Brasiliera Interdisciplinar de Aids Observatorio National de Politicas de Aids (ABIA).

Brazilian Superior Court Of Justice Stops Patent Term Extension Attempts

Pedro Marcos Nunes Barbosa writes: In April 2018, the Brazilian Superior Court of Justice (STJ) ruled on a controversial patent term extension scheme, for the third time since Brazil adopted TRIPS compliant legislation in 1996. The first ruling on this topic, upheld by the STJ, was decided, unanimously, in the year 2009 (docket REsp 960.728, Justice Andrighi). In that case, a famous agrochemical multinational company sought an exotic interpretation of the impacts brought by the minimum deadline granted to a patent, since the WTO’s annex treaty imposed the uniform extension of 20 years. In other words, although the agrochemical company had obtained its exclusivity right in a pre-TRIPS context (where Brazilian Law guaranteed a 15 years property right), but unsatisfied, after the Agreement was implemented, the plaintiff requested a judicial pass for a five year extra period of competition absence.

Truvada Case Shows Civil Society’s Success With Pre-Grant Opposition

The example of Gilead antiretroviral Truvada in Argentina and Brazil shows how civil society efforts to use patent opposition to patents it felt were unjustified were rewarded by patent withdrawal and rejection, even if the situation in Brazil might not be entirely settled.

Patentes Sem A Realização De Análise Técnica: Uma Péssima Solução Para O Século 21

Historicamente, o Brasil se encontra na vanguarda dos países em desenvolvimento, pressionando por um regime de propriedade intelectual (PI) mais equilibrado.

Patents Without Examination: A Bad Solution For The 21st Century

The Brazilian government's plan to deal with its patent backlog by making approvals without review is a recipe for disaster. It will move the backlog to the courts, with endless suits over duplicative and frivolous patents, write Arjun Jayadev and Dean Baker.

Pharma, Nonprofits Collaborate On Affordable Hepatitis C Treatment In Latin America

The Drugs for Neglected Disease initiative (DNDi), a nonprofit research and development organisation, today announced a collaboration with pharmaceutical companies and other nonprofits to manufacture and supply a "new, more affordable" hepatitis C treatment in Latin America. Hepatitis C medicines have been renowned for their high prices worldwide.

Leaked Letter Shows Pressure On Colombia Not To Issue Compulsory Licence For Glivec

A newly leaked 2016 letter from the CEO of Novartis to the president of Colombia, made available by Swiss group Public Eye, shows the level of concern the Swiss pharmaceutical company had over the effect of possible issuance of a compulsory licence for Novartis drug Glivec in the pivotal South American economy.

How International IP Policy Reconfigured National Politics: An Interview With Prof. Ken Shadlen

The recently published book Coalitions and Compliance by Professor Ken Shadlen of the London School of Economics examines how international changes can reconfigure domestic politics. Since the late 1980s, developing countries have been subject to intense pressures regarding intellectual property rights. These pressures have been exceptionally controversial in the area of pharmaceuticals. Historically, fearing the economic and social costs of providing private property rights over knowledge, developing countries did not allow drugs to be patented. Now they must do so, an obligation with significant implications for industrial development and public health. This book analyses different forms of compliance with this new imperative in Latin America, comparing the politics of pharmaceutical patenting in Argentina, Brazil, and Mexico. The book focuses on two periods of patent politics: initial conflicts over how to introduce drug patents, and then subsequent conflicts over how these new patent systems function. Intellectual Property Watch recently conducted a Q&A with Prof. Shadlen, which appears below.

Fierce Fake News Regulation Rising From Fear Of Election Manipulation

The globally creeping fear of fake news in the wake of elections resulted in another harsh legislative proposal adopted by the Brazilian “Tribunal Superior Eleitoral” (TSE) earlier this week in Brasilia. The globally creeping fear of fake news in the wake of elections resulted in another harsh legislative proposal adopted by the Brazilian “Tribunal Superior Eleitoral” (TSE) earlier this week in Brasilia. The resolution lays out measures on how content must be removed upon notice in 24 hours by platform providers, a Brazilian activist said during one of the many debates on fake news and potential measures against it at the 12th Internet Governance Forum taking place this week in Geneva.